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Changes in the Processing of Waiver Applications ?Part II
Posted by: euser
February 06, 2012

This is a second and concluding part of the article on changes in the processing of waiver applications under which an applicant who has incurred unlawful presence in the US and subject to 3/10 years bar and wished to travel abroad to apply for Immigrant Visa, would be able to apply for wavier application before departing from US.

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CHANGE IN THE PROCESSING OF WAIVER APPLICATIONS - Part I
Posted by: euser
February 06, 2012

On Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States. Currently, spouses and sons and daughters of U.S. citizens who have accrued a certain period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process, are barred from returning to their families for as long as 3 or 10 years. They can receive a waiver to allow them to return to their families by showing that their U.S. citizen family member would face extreme hardship as a result of the separation. This proposal would streamline the processing of these individuals' waiver applications based on unlawful presence; USCIS proposes to process their waiver applications in the United States before any American family faces separation. The process would only apply to immigrants who are eligible for a visa.

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EB-2 PERM AND EB-2 IN GENERAL - NAVIGATING PERM IMMIGRATION COMPLEXITIES:
Posted by: euser
February 03, 2012

An EB-2 petition is an employment-based 2nd preference petition for a foreign professional with an advanced degree or its equivalent (masters degree or higher), or a foreign national who has exceptional ability in the sciences, arts, or business. In some instances, a professional with a Bachelor's degree (or its U.S. equivalent) and five years of progressively responsible experience in the job being offered may be considered to possess the equivalent of a Master's degree in the field. Very special considerations must be given to the Indian three year Bachelor of Commerce Degree. We continue to encounter issues with processing cases where an EB-2 case uses the Bachelor's of Commerce Degree plus five years of progressive experience in the field to equate to a Master's Degree. It is critical that you consider the use of a qualified legal professional before moving forward with a case of this type.

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